Attorney Louis Sirkin argued in an earlier hearing that the protesters were charged with felonies because of the political message they carried. Judge Robert C. Winkler denied a motion to reduce the charges.

Monday was the final day for the protesters to accept a plea bargain.

“Mr. Deters wanted to make it real clear that if they did not accept by today it’s off – so for the other eight, plea discussions are done,” said Mark Piepmeier, Hamilton County Chief Assistant Prosecuting Attorney.

One unnamed co-defendant appeared ready to accept a plea deal, but details had not been finalized, so defense attorney Bill Gallagher did not name the person.

Under the terms of the deal, the protester would plead guilty to a reduced felony charge and perform 80 hours of community service. They would serve no jail time.The other eight protesters may not fare as well if they go to trial, according to Piepmeier. Under Ohio law, there is a presumption that a burglary conviction will lead to a prison sentence, according to Piepmeier.

“I think the other eight know that if they go to trial and are convicted of burglary there’s a good chance they will go to prison, and that’s their choice,” Piepmeier said.

A court hearing is scheduled for next week to determine the date of a trial. We could learn then if a plea agreement has been finalized for the defendant considering accepting one.